Section 197-11-946. DOE resolution of lead agency disputes.

(1) If the agencies with jurisdiction are unable to determine which agency is the lead agency under the rules, any agency with jurisdiction may petition the department for a determination. The petition shall clearly describe the proposal in question, and include a list of all licenses and approvals required for the proposal. The petition shall be filed with the department within fifteen days after receipt by the petitioning agency of the determination to which it objects. Copies of the petition shall be mailed to any applicant involved, as well as to all other agencies with jurisdiction over the proposal. The applicant and agencies with jurisdiction may file with the department a written response to the petition within ten days of the date of the initial filing.

(2) Within fifteen days of receipt of a petition, the department shall make a written determination of the lead agency, which shall be mailed to the applicant and all agencies with jurisdiction. The department shall make its determination in accordance with these rules and considering the following factors (which are listed in order of descending importance):

(a) Magnitude of an agency's involvement.

(b) Approval/disapproval authority over the proposal.

(c) Expertise concerning the proposal's impacts.

(d) Duration of an agency's involvement.

(e) Sequence of an agency's involvement.

[Statutory Authority: RCW 43.21C.110. WSR 84-05-020 (Order DE 83-39), § 197-11-946, filed 2/10/84, effective 4/4/84.]

RCW 43.21C.110. WSR 84-05-020 (Order DE 83-39), § 197-11-946, filed 2/10/84, effective 4/4/84.